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STATE OF COLORADO ) <br />) SS. AFFIDAVIT <br />COUNTY OF MESA ) <br />Mark A.GARDNER, being first duly sworn upon oath, deposes <br />and says: <br />1. He is the Vice President of Whitewater Building <br />Materials Corp., a Colorado Corporation, and is empowered to act <br />for and on behalf of said corporation in all respects in <br />connection with any applications, petitions, contracts, <br />correspondence, bonds or activities with or before the Colorado <br />Mined Land Reclamation Board under the provisions of the <br />Colorado Mined Land Reclamation Act. <br />2. That all applicable portions of the Reclamation Plan <br />as they pertain to the partial release requested at the mine <br />known as the Whitewater Pit 500, M-1977-129 have been completed <br />and are in accordance with the rules and requirements of the <br />Act. <br />Mark A. Gard er <br />C- <br />SUBSCRIBED and sworn to before me this day of <br />, -?Oi/ by Mark A. Gardner as Vice President of <br />Whitewater Building Materials Corp. <br />e REBECCA J. <br />MORAN <br />-) <br />(notarial seal) <br />Notary Public <br />My commission expires: <br />